Foreign trade is evolving with globalization and the interaction of nations. It is also changing due to the types of merchandise that are present in the market and that a decade ago were not present in the international sales scene. In fact, many of these merchandises still do not find a place in the tariff headings. Also, the methods of commercialization, the actors and even the means of transporting a merchandise are generating substantial modifications.
This entire active process of transformation mobilizes customs, which must accompany these changes and move towards modern and efficient administration of control and facilitation.
Argentine Customs, like its Latin American counterparts, is a member of the World Customs Organization (WCO), an independent international intergovernmental organization whose mission is, precisely, to increase the efficiency of customs administrations, contributing to the economic well-being and social protection of its members, promoting a transparent and predictable customs environment.
Each customs office has been carrying out intensive work on the premises determined in this area by the WCO. Through integration, digitalization and computerization, progress has been made in decisions that They impose work aligned between customs, with the duty to remain in place over time, without prejudice to whoever occupies Rivadavia's seat.
We therefore believe that Customs should be treated as a vitally important body, within a policy framework aimed at supporting the progress of international trade, under the clear guidelines that the WCO has been transmitting since its inception: “efficiency”, “modernization”, “transparency” and “predictability”.
The need for this regulatory body lies in its objectives, which do not end with mere tax collection, but rather with the protection of legal trade through actions that contribute to its growth. In this way, it will be able to protect the nation from current evils such as drug trafficking, terrorism, etc.
In this sense, the direction of this body should not be modified by the mere change of government, but should have an autonomous scheme in the fulfillment of its objectives. Hence the importance of whoever steers the helm of this control body and who clearly should not respond to a political mandate other than suitability, a quality that is so necessary for the achievement of all its purposes.
Anyone who ensures the objectives of an efficient customs office must have technical and professional training in order to provide a wealth of knowledge and training in the constant progress of international trade.
Just as the bridge of a ship carrying hundreds of containers and its captain is a professional in navigation, customs must be steered by a professional in the field.
In recent years, important steps have been taken towards the objectives of a modern customs system. Some of the actions are detailed below:
The computerization of communications, through the implementation of the Customs Electronic Communication and Notification System (SICNEA), whose technical characteristics, procedures and functionality are recorded to streamline the locations between the customs itself and the subjects that operate. (AFIP General Resolution 3474/2013).
Modernization of controls in the primary zone, through the digitalization plan for warehouses and terminals, for the best and highest customs operational quality, incorporating non-invasive and effective control elements, through requirements for computer and digital systems (AFIP General Resolution 3871/2016).
The organization and establishment of the Single Trade Window regime Argentine Foreign Affairs (VUCEA) by which the procedures related to declarations, permits, certifications, licenses and other authorizations and procedures necessary to carry out import, export and transit operations of all types of goods are administered (Decree 1079/2016).
The Authorized Economic Operator (AEO) Program It has been created following the rules of the World Customs Organization. This program is aimed at all foreign trade operators or members of the international supply chain who comply with customs, tax and social security obligations and who have a training system and implementation of merchandise security measures and logistics chain integrity (AFIP General Resolution 4150/2017).
The digitalization of export destinations through the pilot plan that includes the customs declaration file for those final export destinations for consumption (EC01) registered in the MALVINA Computer System (SIM) at the Ezeiza Customs Directorate. (Joint General Resolution 4606/2019).
All these measures aim to harmonize the WCO guidelines, within its SAFE regulatory framework, to ensure and facilitate global trade. The same has been done by customs authorities in Mexico, Chile, Uruguay, Brazil, Panama, among others in the region and the rest of the world.
The above leads us to the conclusion that the head of the customs office should be someone who meets the requirements that demonstrate extensive knowledge in customs matters. One possibility would be for him to be proposed by the National Executive Branch and approved by Congress. Why not a prior competition?
Likewise, alongside the Director, the presence of a Council that brings together representatives of the foreign trade sectors, importers, exporters, customs brokers, customs transport agents, ports, customs lawyers and permit holders would be constructive.
This Council would have the function of facilitating the Customs Directorate's understanding of the needs for agile international trade, proposing processes and regulatory frameworks for the purposes of better implementation of the objectives.
There are vital bodies for the progress of a nation; one of them is the customs office. In order to modernize it, it must evolve independently of the government that may be in power.
This will enable a trained, efficient and transparent customs service, aligned with WCO guidelines and in line with the development of foreign trade, one of the keys to today's economy.
Suitability and seriousness are fundamental pillars for success. Customs must embrace them and maintain them over time, even after a change of government.
By: Dr. Guillermo Felipe Coronel, Customs Law Specialist and Director of Aduana News
Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
